Désignations de l'article 16 de l'OHS Act : Qui a besoin de quoi en 2026

Understanding Section 16 of the OHS Act

Section 16 of the Occupational Health and Safety Act (Act 85 of 1993) is arguably the most important provision in South African workplace safety law. It determines who bears legal responsibility for health and safety in the workplace.

Section 16(1): The CEO's Duty

Section 16(1) places the primary duty on the Chief Executive Officer (or equivalent head of the organisation). This person:

• Bears ultimate legal responsibility for workplace health and safety
• Cannot delegate this duty away — even with a 16(2) appointment
• Can face personal criminal liability including imprisonment of up to 2 years
• Must ensure adequate resources are allocated to OHS

Key point: The CEO doesn't need to be a safety expert, but they must ensure competent people manage OHS and that adequate systems are in place.

Section 16(2): Delegated Authority

The CEO can appoint a Section 16(2) appointee — someone with the necessary authority, knowledge, and resources to manage OHS on their behalf. This person:

• Must be appointed in writing
• Must have sufficient authority and resources
• Should have appropriate OHS training and qualifications
• Takes on day-to-day responsibility for health and safety management

Who Needs Section 16 Training?

Common Section 16 Mistakes

1. No written appointment — The appointment must be documented and signed
2. Appointing someone without authority — They need budget control and decision-making power
3. No training provision — Appointees must be competent; mere delegation isn't enough
4. Multiple sites, single appointee — Each workplace may need its own 16(2) appointee
5. No review or update — Appointments should be reviewed when roles change

Penalties for Non-Compliance

The OHS Act provides for serious penalties:

• First offence: Fine up to R100,000 or imprisonment up to 12 months
• Subsequent offences: Fine up to R200,000 or imprisonment up to 24 months
• If death or serious injury results: Potential for culpable homicide charges under common law

How OHS Compliance Group Helps

We provide targeted training programmes for Section 16 appointees:

• OHS Legislation Course — Deep dive into the OHS Act and regulations
• NEBOSH IGC — International qualification covering all core H&S principles
• Corporate In-House Training — Customized programmes for your leadership team
• Gap Analysis & Compliance Audits — Assess whether your appointments meet legal requirements

With 22+ years helping South African companies comply with the OHS Act, we understand the nuances that keep your organisation compliant and your people safe.

Book Section 16 training or explore our OHS legislation courses.